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than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard Vans; and
<br />Light Transit' Vehicles (Cutaway-type BUS),
<br />(2) Drawings, designs, and/or description of work for construction, renovation, or
<br />'facility improvement projects, including the purchase or construction of bus shelters,
<br />j. Department Pre-award Approval. The Contractor agrees to submit procurement
<br />documents to the Department for its review and approval prior to award of a C0110'aCt/ Subcontract
<br />under this Agreement for any of the following:
<br />(1) All new-type roiling stock, excluding: Minivans; Conversion and Lift
<br />Vans; Center Aisle Vans and Standard Vans; and Light Transit Vehicies.
<br />(Cutaway-type Bus),
<br />(2) Ail construction projects equal to or greater than $30,000;
<br />(3) Any "brand narne" product or sole, Source purchase equal to or greater
<br />than $2,500;
<br />(4) Any contraGUSUbcontractto other than apparent lowest bidder equal to
<br />or greater than $2,500;
<br />(5) Any procurement equal to or greater than $90,000;
<br />(6) Any contract modification that WOUld change the scope of a contract or
<br />increase the contract amount up to or over the forrnal (sealed) bid threshold of
<br />$90,000.
<br />k. Project ApprovaI/Third Party Contract Except to the extent the Department
<br />determines otherwise in writing, the Contractor agrees, that the Department's award of Federal and
<br />State assistance for the Project does not, by itself, constitute pre-approval of any non-competitive third
<br />party contract associated with the Project.
<br />I. Preference for ec sled ProdnuctS. To the extent applicable, the Contractor agrees
<br />to comply with U.S. EPA regulations, "Comprehensive Procurement Guidelines for Products Containing
<br />Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 of the Resource
<br />Conservation and Recovery, Act, as amended, 42 U.S.C. § 6962, and with subsequent Federal
<br />regulations that may be promulgated, Accordingly, the, Contractor agrees to provide a competitive
<br />preference for products and services that conserve natural resources, protect the environment, and are
<br />energy efficient.
<br />m. Clean Air and Clean Water, The Contractor agrees to include in each third party
<br />contract and subagreement exceeding $100,000 adequate provisions to enSLJre that each Project
<br />participant will agree to report the use of facilities placed on or likely to be placed on the U.S.
<br />Environmental Protection Agency (U.S. EPA) "List of "Violating Facilities," to not use any violating
<br />facilities, to report violations, to the Department and the Regional U.S. EPA Office, and to comply with
<br />the inspection and other applicable requireiments of.
<br />(1) Section 306 of the Clean Air Act, as amended, 42 U &C, § 7606, and other
<br />applicable provisions of the Clean Air Act, as amended, 42 U.S.C, §§ 7401 through 7671q; and
<br />(2) Section 508 of the Clean Water Act, as amended, 33 U,S,C. § 1368, and other
<br />applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377.
<br />11. National Intelligent Transportation Sy stems Architecture and Standards, To the
<br />extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems
<br />(ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and
<br />comply with FTA Notice, '"ETA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455
<br />et seq., January 8, 2001, and any Subsequent further implementing directives, except to the extent FTA
<br />or the Department determines otherwise in writing.
<br />01 Rolling Stock, In acquiring rolling stock, the Contractor agrees as follows:
<br />(1) Method of ACgUiSiti0n, The Department's, Public Transportation Division,
<br />through the North Carolina Department of Administration, Purchase and Contract Division, awards
<br />vehicle contracts for its grant recipients to purchase public transit vehicles. These vehicle contracts
<br />comply with FTA and State requirements, The Contractor will utilize these vehicle contracts to
<br />purchase public transit vehicles included in the Approved Budget for this Project. For public transit
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